The case of Allay (UK) Limited v S Gehlen empathises the vital importance of updated equal opportunities training in the event the employer elects to rely on the defence of all reasonable steps under s 109 (4) of the Equality Act 2010. The defence can be used to demonstrate the employer provided equal opportunities training to all employees to take reasonable steps to avert discriminatory behaviour and acts in the working environment.
Equal opportunity
The sufficiency of equal opportunities training was questioned in the case of Allay (UK) Limited v S Gehlen.
The employee had his contract terminated due performance issues. During his employment, the employer had investigated his allegations of racial harassment. The employer had upheld his grievance and had the other employee undertake training addressing diversity and equality. The employee then bought his claim at the Employment Tribunal and one of his claims was based on race discrimination. The employer pleaded in their defence s.109 (4) of the Equality Act 2010. They argued that previously the other employees had been given training in diversity and equality and this also addressed racial harassment.
Employment Tribunal
The defence was rejected by the Employment Tribunal and the Employment Appeal Tribunal also rejected the defence. They found that the employees training had become outdated and hence noneffective as it was undertaken 20 months before the racist conduct complained off and it was also agreed by the employer that the racist behaviour did take place. The Employment Tribunal and the Employment Appeal Tribunal also agreed that the provision of the refresher trainer following the incident meant the employer accepted the refresher training would have successful had it been done before the incident happened.
The equality act 2010
The lesson to be learnt from this case is that to rely on s.109 (4) of the Equality Act 2010 the employer must ensure regular updated training for diversity and equality. HR practitioners should take heed of the case and have a regime of constantly reviewing and updating the training so that it does not become stale.
Quest can assist you regularly review your diversity and equality policies and also provide training to your staff. Please contact us if you need assistance.
